TORONTO, March 1, 2018 /CNW/ – March is Fraud Prevention Month, and Insurance Bureau of Canada (IBC) is asking you to help curb auto insurance fraud.
Auto insurance fraud costs Ontario drivers an estimated $1.6 billion each year. This means that $236 of a driver’s auto insurance premium pays for the illegal activities of fraudsters. The bottom line is: They cheat, you pay.
In recent years, there have been a number of developments in the law which have resulted in escalating damage awards, particularly in catastrophic injury cases
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A threshold decision of Justice P. J. Monahan released December 13, 2017, provides useful guidance on the issue.1
The circumstances will sound familiar to insurers and their counsel.
Distracted driving penalties are increasing. Again.
And immediate roadside driving prohibitions (like those for impaired driving) might be coming.
Almost everyone will in their lifetime be called to serve on a jury in Canada. Some individuals are called repeatedly, others never. Once receive a notice to report for jury duty you must respond to it. A compelling reason must exist for you to be excused from reporting for duty.
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Filing a long-term disability claim can be an extremely frustrating and time-consuming process. Between the endless paperwork, legal jargon and strict deadlines, it’s no wonder so many people end up facing a denied claim or simply give up altogether.
The thought of having to fight an insurance company is intimidating, especially when you’re struggling with a disability, injury or mental illness. The good news? You don’t have to go through this process alone.
http://contelawyers.ca/why-you
https://www5.fsco.gov.on.ca/AD/5483
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At the commencement of the hearing, Mr. Kerr confirmed that the only issue to be decided was with respect to catastrophic determination. The burden of proof is always on the Applicant to prove its case. It was acknowledged on her behalf by her counsel, that there no basis upon which the Application could be successful.
Without any medical evidence or expert opinion in support her claim that she sustained a catastrophic impairment as a result of the accident, of her case, and upon her counsel’s acknowledgement that, without such evidence, there appeared to be no basis on which to proceed, Mr. Kirby moved for a dismissal of the Arbitration. I granted his request and dismissed the arbitration.
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The costs of these assessments are prohibitively expensive to a private individual, and without funding by the Insurer, an insured of modest means would, out of necessity, await the results of the Insurer’s assessments before undertaking the cost of its own assessments.
Should the Insurer’s assessment find that the Applicant was catastrophically impaired, the additional assessments may not have been necessary. Further, because of the delay in completing the Insurer’s CAT assessments and reports, it is doubtful that the Applicant’s CAT assessments, even if privately funded could have been completed and served upon the Insurer in time for the December hearing. I also note that the Insurer opposed the Applicant’s earlier request to withdraw without costs, and pursue her Application in another venue, which, had the Insurer agreed, would have avoided the necessity of this hearing.